Easement

12/21/2015

In the U.S. 40 million acres of land are subject to conservation easements. It can be difficult for heirs and other property owners to make adjustments to these easements.

The last few decades have seen a growing awareness of environmental concerns in the U.S. and throughout the world. While there have been many responses to this, such as increased recycling and use of alternative energy sources, one popular trend has seen landowners put some of their property under perpetual conservation easements.

These are meant to preserve the protected land in the state of nature it was in at the time the easement is created.

However, this can create issues for those who inherit land under a conservation easement. As the land cannot be used for development, it lowers the value at which it can be sold. Both heirs and other later owners of the property are often interested in adjusting the easements so the property can be developed.

The proposal discussed in the article would have allowed the state government of Vermont to make adjustments to conservation easements that furthered the overall goal of conservation. This particular proposal did not get very far as opponents were concerned it would give the government free reign to disregard the wishes of property owners who originally put the land in easements.

As there are approximately 40 million acres of land in the country under conservation easements, this issue is likely to continue to be a controversial one for many years to come. The ultimate question is whether a current property owner should have the right to determine how later owners can use the land in perpetuity.

01/06/2015

Wills can tell a lot about what people value. Looking through old wills can show how values might have changed over the years. The UK has recently aided that effort by making its archived wills available electronically dating back to 1858.

We often hear about the estates of recently deceased celebrities. Anyone can read the newspaper or search Google to find out the details of Michael Jackson's estate. However, the estates of historic famous people are more difficult to find. It often requires going to the library and pouring over history books.

The database includes many famous names, such as Winston Churchill and Charles Dickens. This is an interesting project and well worth a look for anyone who is interested in the lives and deaths of historic figures.

Closer to home, in the United States, something like this would need to be done on the state level.

One important message for modern estate planning is that wills are public.

When filed with a probate court, wills become available for the public to access. While it is not as easy to access wills in the United States as it is in the United Kingdom, it can still be done.

01/05/2015

Sarah Long was found dead in her home last July. While police are still investigating the circumstances of her death, the battle over her estate is heating up.

Sarah Long was reported missing last July and found dead in her home of gunshot wounds. Initially, her death was ruled to be a suicide. However, inconsistent evidence at the scene later caused police to open up a homicide investigation. The police still do not know what happened to Ms. Long.

Long had previously made a will that left everything to her boyfriend. She also had an estranged husband and, under South Carolina law, the husband should be entitled to 15% of her estate regardless of what her will states. (In Florida, the amount would be 30%.)

The husband and the boyfriend have been fighting over the estate in probate court. To make interesting matters more interesting, Long's family has also intervened.

There are allegations that Long made the will giving everything to her boyfriend under duress and that her husband abused her.

The latest development? The boyfriend and the husband have reached an agreement to which Long's family objects. If it turns out that Long was murdered, then the identity of the killer may also play a role in who gets the estate.

Hoskins' will is somewhat refreshing. Recent celebrity estate cases have often been fairly messy with serious estate planning mistakes. Hoskins, however, did what many ordinary people choose to do, he left everything to his spouse.

If a mistake was made here, it is that we know what Hoskins chose to do with his estate. By using a will, the details of his estate were made public. If he had used a trust, it is more likely that his estate and his wife's privacy would have remained free from public scrutiny.

That is something that everyone should keep in mind. Wills are made public. If you do not want everyone knowing the details of your estate, then you need something besides a will.

01/01/2015

For many people, dogs are more than just best friends. They are a valued member of the family. However, pets, unlike other family members, are legally property. This raises the question whether you can direct that your pets be put to sleep after you pass away.

An Indiana woman named Connie Ley passed away in November. In her will, she made provisions for her pet German shepherd. The first provision was fairly standard. Ley directed that one of her friends should look after the dog. However, Ley also went on to direct that the dog should be put to sleep, cremated and that its ashes should be buried with Ley.

In this particular case, the dog is currently in a shelter waiting for a court to determine whether Ley's wishes will be followed.

This is not the first time that the issue has come up. In some other cases courts have decided to put pets down as directed in the wills of the owners. The reason for this is that as much as we often think of our pets as part of the family, the law treats them as personal property.

Animal cruelty laws aside, we are free to do with our pets as we please, including directing what should happen to them after we pass away.

The lesson here? If you want to determine what will happen to your pets after you pass away, then you should make that a part of your will. I would be happy to assist in crafting a plan that is fair to you and your furry friends.